IN THE CASE OF

		BOARD DATE:	    29 July 2014

		DOCKET NUMBER:  AR20130021194 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the rank and pay grade of sergeant (SGT)/E-5.

2.  The applicant states, in effect, his DD Form 214 was finalized and he cleared his unit prior to receiving his promotion to E-5.

3.  The applicant provides:

* Permanent Order 238-01
* DA Form 4872 (Certificate of Promotion)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 July 2009.  He was honorably released from active duty on 12 October 2013.

2.  His DD Form 214 lists his rank and pay grade in items 4a and 4b as specialist (SPC) and E-4, respectively.  Item 12i (Effective Date of Pay Grade) lists 7 July 2011.

3.  Permanent Order 238-01, dated 26 August 2013, promoted the applicant to SGT effective and with a date of rank of 1 September 2013.

4.  His record is void of any derogatory evidence or any documents that show he was demoted.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a and 4b. 

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders promoted the applicant to the rank/grade of SGT/E-5 on
1 September 2013.  His record is void of any derogatory evidence or any documents that show he was demoted prior to his honorable release from active duty.  Therefore, his DD Form 214 should be corrected accordingly.

2.  Additionally, DFAS should pay the applicant any pay and entitlements to which he is entitled as a result of this correction. 

BOARD VOTE:

____X____  ___X____  ___X____GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by:

	a.  deleting from item 4a the current entry and replacing it with the entry "SGT";

   b.  deleting from Item 4b the current entry and replacing it with the entry "E-5"; 



	c.  deleting from Item 12i the current entry and replacing it with the entry
" 2013  09  01;" and

	d.  paying the applicant any pay and allowances that he may be entitled to as a result of these corrections.



      _______ _ X _______   ___
       	   CHAIRPERSON
      

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130021194





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ABCMR Record of Proceedings (cont)                                         AR20130021194



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